Page:Federal Reporter, 1st Series, Volume 3.djvu/91

 84 FBDEEAL EBPORTEE. �district, and afterwards A. T. Ewing, the defendant in this �case, was duly appointed their assignee. Among the asseta �which came to the hands of the defendant, as such assignee, �were two notes of the complainant, Barrett B. Clark, and an �alleged claim against him for certain goods belonging to the �bankrupts, which he had taken possession of, and which he �ought to account and pay for. Sometime in the month of �May, 1875, said assignee commenced three suits at law �against the complainant in the circuit court of Will county, �in. this district, two of the suits being upon said notes, and �the other upon the claim for the goods. Summons was duly �issued in said causes, returnable at the June term of the �court, and duly served upon the defendant in time for said �term. Complainant alleges that he employed Honorable �Jesse 0. Norton, an attorney of said court, to defend said �causes; that, on the application of Mr» Norton, the rule to �plead in said causes was extended several timea, and finally �until the nineteenth of July, 1875, and said last-named day �judgments by default were entered in said causes in the case �for the goods for the sum of $240.30 — in one of the cases �upon the notes for the sum of $1,140.20, and in the other �case for $560, besides costs in each case; that Mr. Norton �failed to file pleas in said causes by reason of illness, which �existed at or about the time of the commencement of said �June term, and under which he grew worse, until on the �nineteenth of July, and for several days prior thereto, he had �been wholly incapable of attending to any business, and to �some extent was so far deranged as to be unfit to give any �directions in regard to his professional business; that the �defendant had a complete defence by way of set-off to ail of �said suits, and if he had been allowed a trial upon the merita �he verily believes he would have been able to establish his �said defence. �It further appears that the defendant, after the entry of the said judgments, and of the same term when they were entered, applied to said court to set aside said judgments, and allow him to plead, supporting his application by affidavits showing a meritorioua defence; that his application waa ����